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Progressive Federalism: A New Way Forward?

Date:

June 9, 2017

As the federal government, under consolidated conservative leadership, seeks to undo years of progress in civil and human rights, environmental regulation, and criminal justice reform, the idea of “progressive federalism” holds appeal for many in the progressive community. In this new political setting, progressives may seek to use state and local governments, state courts, and state constitutions as avenues to protect and advance rights. City attorneys and state attorneys general will be called upon to show leadership in defending their constituents’ interests, and state courts may become the battlegrounds for many progressive fights. On some issues, there will be opportunity to make further progress and expand rights. On others, the federal government might seek to preempt local and state law. What are the costs and benefits of progressive federalism? Which issues might gain traction at the local and state levels, and which could suffer?